TERMS & CONDITIONS
Terms of Use
Your use of the web sites on which these terms reside the ("Site"), and the features at this Site are subject to these Terms of Use (this "Agreement"). The Site is owned or controlled by Media Predict, Inc. ("Media Predict").
Media Predict is located in the United States (state of New York). By accessing this Site you acknowledge and agree that this Site, and this Agreement, will be construed and evaluated according to the laws of the United States. If you use this Site from other locations you are responsible for compliance with any and all applicable local laws. If you are providing personally identifiable information and are not a resident of the United States, your country's laws governing data collection and use may differ from those in the United States, in particular, the U.S. may not provide the same level of protections as those in your own country. By providing information to Media Predict, you are transferring your personal data to the United States, and you consent to that transfer and to the processing of your data in the United States.
The Site and any other services Media Predict provides on the Site are referred to in this Agreement collectively as the "Services."
Please read this Agreement carefully. Media Predict is only willing to make the Services available to you if you accept and abide by the terms of this Agreement. By accessing this Site or using the Services in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Media Predict, you agree to be bound by the terms, conditions, policies and notices contained in this Agreement, including, but not limited to, conducting this transaction electronically, disclaimers or warranties, damage and remedy exclusions and limitations, and a choice of New York law.
From time to time we may update the Services and this Agreement. Your use of the Services after we post any changes to this Agreement constitutes your agreement to those changes. You agree to review this Agreement periodically to ensure that you are familiar with the most recent version. Media Predict may, in its sole discretion, and at any time, discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that Media Predict will have no liability to you if the Services are discontinued or your ability to access the Services or any content you may have posted on the Services is terminated.
Site Eligibility and Registration
The Services may be used only by persons 18 years of age or older. Use of the Services is void where prohibited. By accessing or using the Services, you represent and warrant that you meet the eligibility requirements in this paragraph and are fully able and competent to enter into, and abide by, the terms of this Agreement.
Fees for the Services
There is no fee to participate in the Services. Media Predict may, in its sole discretion, elect to charge fees for participating in the Services, or to use or access any other Services, at any time. If it does, it will update this Agreement to reflect such fees.
Fantasy Dollars Rewards Program Participation Requirements
Your ability to participate in the Services is expressly conditioned upon your compliance with this Agreement and with all policies and guidelines applicable to the Services that Media Predict may make available from time to time. Participation in the Fantasy Rewards Program is subject to invitation only. Your participation in the Fantasy Dollars Rewards Program is subject to the Program Rules incorporated herein by reference and made a part of these Terms. In the event of your noncompliance, fraud or other inappropriate activity (as determined by Media Predict in its sole discretion), Media Predict may cancel or invalidate your accounts, registrations and Rewards, deny redemption of your Rewards, or restrict, block, limit, and prevent your access to and use of the Services and, further, all Rewards, incentives and rewards shall be subject to forfeiture.
Non-Use and Nondisclosure.
Information and content made available to you in the Services may contain trade secrets or other confidential or proprietary information of Media Predict and/or Media Predict's suppliers or licensors. You must hold in strict confidence and not disclose to any other person any information and content that you access or learn in connection with your participation in any market-based information gathering activity, survey, project, questionnaire, or other market research activity related to the Services. You must not use any such information or content for any purpose other than your participation in the Services in accordance with this Agreement. You hereby agree to notify Media Predict immediately if you learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in this Agreement.
Registration Information.
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services; (b) maintain the security of your password and login credentials; and (c) maintain and promptly update the information you provide during registration, and any other information you provide to Media Predict, so as to keep it accurate, current and complete. Registration requires information that includes without limitation your full legal name, your date of birth, the address of your primary residence, your phone number and your working email address.
Compliance with Laws.
You must at all times comply with all applicable laws, rules, regulations, and orders, and not cause Media Predict to violate any laws, rules, regulations, or orders.
Good-Faith Participation.
You agree to participate in good faith and to the best of your ability in any market research activities in which you participate in connection with the Services. You will not provide false or misleading data, including without limitation, responses that are inconsistent with prior responses or statistically improbable.
Appropriate Communications.
If you communicate with Media Predict personnel ("Personnel"), you agree to do so in a respectful and appropriate manner. You shall not send, share or otherwise distribute to Personnel, Personnel affiliates or other users of the Services any communications having obscene, vulgar, sexually-oriented, threatening, hateful or illegal content.
By accessing or using the Services, you agree that you will not publish, post, or otherwise disseminate any publications or other material that disparages, discredits, or casts anyone, including Media Predict, its Personnel, employees, officers, directors, subsidiaries, affiliates, or its licensors in a negative light.
User Content.
You may provide information to Media Predict in connection with your participation in market research or otherwise in connection with the Services, including providing survey responses, ideas, feedback, or other information or content ("User Content"). By providing any User Content, you represent and warrant that you have the lawful right to provide it, and that it is accurate and complete. You must not provide any User Content or otherwise make any use of the Site that: is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, inaccurate, misleading, fraudulent, or impersonates or misrepresents an affiliation with any person or entity; would violate an obligation of confidentiality or the rights of any person or entity, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ; infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity; contains or collects any private information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers; contains any viruses, corrupted data or other harmful, disruptive, or destructive files or information; contains any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication; or in the sole judgment of Media Predict, is objectionable, does not reflect your good faith efforts to be responsive to survey or market research questions, or which may expose Media Predict or its licensors or suppliers to liability of any type. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Services or features therein. Media Predict may cancel your account and delete all User Content associated with your account at any time, and without notice, if Media Predict deems that you have violated this Agreement, the law, or for any other reason. Media Predict assumes no liability for any information removed from the Services, and reserves the right to permanently restrict access to the Services or a user account. By displaying, publishing, or otherwise posting any User Content on or through the Services, you hereby grant to Media Predict a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to this Agreement and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Services and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to indemnify and hold Media Predict, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of this Agreement, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Media Predict or the Services.
Copyright, Trademarks, and Limited License
The Services and all content and other materials contained on or within the Services, including, without limitation, all information, content, designs, text, graphics, information, data, software, surveys, music, trademarks, product or service names, logos, slogans other files, and the selection and arrangement thereof (collectively, the "Media Predict Content"), are the proprietary property of Media Predict and its suppliers and licensors and are protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Media Predict. You agree not to download, display or use any Media Predict Content located on the Services for use in any publications, in public performances, on websites other than the Services for any commercial purpose, in connection with products or services that are not those of Media Predict, in any manner that is likely to cause confusion among consumers, that disparages or discredits Media Predict and/or its licensors, that dilutes the strength of Media Predict's or its licensor's property, or that otherwise infringes Media Predict's or its licensor's intellectual property rights. You further agree to in no other way misuse any Media Predict Content or Third Party Content that appears on the Services.
Disclaimer of Warranties
YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEDIA PREDICT, ITS AFFILIATES, LICENSORS, AND SUPPLIERS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE "PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER MEDIA PREDICT NOR ANY OTHER PROVIDERS WARRANT UNINTERRUPTED USE, OPERATION, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT, OR THAT ANY SUBMISSION OR TRANSACTION REQUEST YOU ATTEMPT USING THE SERVICES WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS TO, OR USE OF, THE SERVICES AND THE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDIA PREDICT OR ANY OTHER PROVIDER THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY REGARDING THE SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EITHER MEDIA PREDICT OR ANY OTHER PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MEDIA PREDICT OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT, NOR SHALL MEDIA PREDICT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND MEDIA PREDICT'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification
You will indemnify and hold harmless Media Predict and all other Providers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content, your use of the Services or any Content, your violation of this Agreement, or your violation of any rights of a third party.
Third-Party Content
The Services may contain links or references to information, content, and services provided by third parties (collectively, "Third-Party Content"). Media Predict does not monitor or have any control over any Third-Party Content. Media Predict does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Media Predict undertakes no responsibility to update or review any Third-Party Content, and does not represent or warrant the accuracy of any information contained in any Third Party Content. You use any Third Party Content contained therein at your own risk. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy and Media Predict has no control over how your information is collected, used, or otherwise handled.
Privacy
Media Predict may collect registration and other information about you through the Services. Please see the Privacy Policy for information regarding Media Predict's collection, use, and disclosure of this information.
Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, original or creative materials, or other information or content provided by you to Media Predict, to the extent it is not User Content, will become the sole property of Media Predict. Media Predict will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information and content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Further, you hereby grant to Media Predict a perpetual and irrevocable license to use such information and content for any purpose.
Independent Contractors
You and Media Predict are independent contractors for all purposes. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement or by your access to or use of the Services.
Termination
Notwithstanding any term of this Agreement, Media Predict reserves the right, without notice and in its sole discretion, to discontinue or terminate any of the Services, to terminate your license to use the Services, , and to restrict, block, limit, and prevent your access to and use of the Services. Any termination or other action by Media Predict described in this paragraph will not limit any other remedies Media Predict may have against you at law or equity.
General Legal Notices
By accessing or using the Services, you consent to receiving electronic communications from Media Predict. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that Media Predict sends to you electronically will satisfy any legal communication requirements, including any requirement that communications be in writing. Media Predict's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of this Agreement that is found to be invalid, unlawful, or unenforceable will be severed from this Agreement, and the remaining provisions of this Agreement will continue to be in full force and effect. The section headings and titles in this Agreement are for convenience only and have no legal or contractual effect. Any provisions in this Agreement that by their nature should survive the termination of this Agreement (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after the termination of this Agreement. If any provision of this Agreement shall be unlawful, void or for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of Media Predict to comply with the Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Media Predict, shall not be deemed a breach of this Agreement. This Agreement is governed by the laws of the State of New York, USA, excluding conflicts of law principles. Any controversy or claim arising out of or relating to the Services or this Agreement must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in New York, New York, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by New York law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. This Agreement, including all terms, policies, and guidelines referenced in this Agreement, is the entire agreement between you and Media Predict concerning the Services. This Agreement supersedes all prior agreements or communications between you and Media Predict regarding the subject matter of this Agreement.
Contacting Media Predict
If you wish to contact us regarding any questions or concerns about this Agreement or the Services, please view our "Contact Us" page.
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Rewards Program Rules
PLEASE READ THESE RULES CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU REGISTER FOR THIS PROGRAM.
BY REGISTERING FOR THE REWARDS PROGRAM (THE "PROGRAM"), BY REVIEWING THESE REWARDS PROGRAM RULES THAT GOVERN YOUR USE OF THE PROGRAM ("RULES") AND BY CLICKING "I AGREE," YOU AGREE TO THESE RULES AND YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS STATED HEREIN. IF YOU DO NOT AGREE TO THESE RULES, DO NOT REGISTER FOR THE PROGRAM. REWARDS MAY BE REDEEMABLE ONLY FROM SELECT RETAILERS AS IDENTIFIED FROM TIME TO TIME BY MEDIA PREDICT, INC., WHOSE PRINCIPAL PLACE OF BUSINESS IS 212 EAST 13TH STREET, STE. 5A, NEW YORK, NY 10003 ("SPONSOR"). SPONSOR RESERVES THE RIGHT TO MODIFY OR TERMINATE THE PROGRAM AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF THE REWARDS ALREADY ACCUMULATED OR THE AVAILABILITY OF REDEEMABLE REWARDS. YOU AGREE THAT YOU WILL REVIEW THESE RULES PERIODICALLY AND THAT YOU SHALL BE BOUND BY THESE RULES AND ANY MODIFICATIONS HEREOF.
1. Eligibility. The Program is void where prohibited. Corporations or other entities or organizations of any kind are not eligible to participate in the Program. Employees of Media Predict, Inc. or its representatives, affiliates, subsidiaries, advertising and promotion agencies, clients, business partners, distributors, and suppliers involved in the Program and the immediate family members and/or those living in the same household of each are not eligible.
2. Privacy. Please review our Privacy Policy, which governs the Program to understand our practices in connection with the use of your personal information.
3. Your Rewards Account. You will be registered for the Rewards Program and given a rewards account ("Rewards Account") upon general registration at a participating website, including http://mediapredict.com (collectively, the "Site"). Follow all on-screen instructions including but not limited to providing a user name, first name, last name, date of birth, email address, and password. Invitations to upgrade the account and participate fully in the Rewards Program will be issued based on information given at the Site. Limit one (1) Rewards Account per person/e-mail address. Only the individual named as the primary account holder will accrue Rewards and will be entitled to access to the Rewards Account. Rewards may not be combined from different Rewards Accounts for any purpose. Each participant shall have the responsibility of ensuring that his or her Rewards are properly credited. Sponsor reserves the right to invalidate Rewards from an Account if it determines that such Rewards were improperly credited to such Account or obtained fraudulently. Rewards do not constitute property, do not entitle a participant a vested right or interest, and have no cash value. As such, Rewards are not transferable or assignable for any reason.
4. Rewards. From time to time, Program members may participate in Simulated Market Information Gathering Activities available at the Site (each, a "Market Activity"). Each Market Activity has its own set of eligibility requirements and Program members must ensure compliance with such eligibility requirements before enrolling to participate in Market Activities. Program members must provide information in good faith and to the best of the Program member’s ability. To participate in Market Activities Program members will receive Fantasy Dollars in a simulated marketplace game. Program members will contribute information via their participation in the marketplace game, in the form of bets, trades, or investments. The volume of Fantasy Dollars may increase or decrease according to the relation of said bets, trades, or investments in relation to real world events. A summary of a member’s Fantasy Dollar levels and activity may be viewed at the Site. Sponsor will attempt to credit members’ Fantasy Dollar accounts on a timely basis, though there may be allocation delays from time to time due to circumstances outside of Sponsor’s control. Each member shall have the responsibility of ensuring that his or her Fantasy Dollars are properly credited. Any claim for Fantasy Dollars not credited accurately must be received by Sponsor within sixty (60) days of the completion of a Completed Market, otherwise such Fantasy Dollars may no longer be valid or usable. A Fantasy Dollars Account which has had no activity for a period of sixty days (60) months will be deemed to be an "inactive" account and any Fantasy Dollars accumulated in an inactive Fantasy Dollars Account will be forfeited without compensation and shall no longer be valid or usable. "Activity" on a Fantasy Dollars Account includes: logging into an Account and registering some form a Market Activity in the form of fantasy bets, trades, or investments, or logging into an Account and redeeming Rewards. All Fantasy Dollars will immediately expire if a Program member unsubscribes from the Program for any reason. Fantasy Dollars expired for any reason will be forfeited without compensation and shall no longer be valid or usable. Fantasy Dollars have no monetary value. However, Fantasy Dollars may be converted into a proportional Rewards upon resignation from the Program. Requirements for eligibility for Rewards will be stated on the Site. Such proportional rewards are subject to minimum payout levels. Media Predict, Inc., reserves sole discretion to change Requirements for eligibility for Rewards without notice. Media Predict reserves sole discretion in determining whether a Program member has adequately fulfilled Requirements for eligibility for a Reward. Upon collecting a proportional reward, a Program member exits the Program. The Program member’s account, participation history, and other system information may be deleted without notice. Media Predict reserves sole discretion to allow Program members to participate in the Program multiple times and receive Rewards multiple times.
5. Terms Applicable to Fantasy Dollars. Sponsor shall have no liability for any printing, production, typographical, mechanical or other errors in the Fantasy Dollars summaries displayed or distributed by Sponsor or its agents, for any delay or failure to credit Fantasy Dollars to member accounts or for any failure to provide Fantasy Dollars Account summaries as outlined herein. Sponsor reserves the right to invalidate Fantasy Dollars from a member's Fantasy Dollars Account with notice if it determines in its sole discretion that such Fantasy Dollars were improperly credited to such member's Fantasy Dollars Account or were obtained fraudulently or otherwise in violation of these Rules. Sponsor reserves the right to require proof of accrual of Fantasy Dollars and Sponsor reserves the right to delay the processing or redemption of any Fantasy Dollars without notice, in order to assure compliance with the Rules outlined herein. Members, by participating in the Program, are responsible for maintaining the confidentiality of individual member's Fantasy Dollars Accounts and password and for restricting access to member's computer, and member agrees to accept responsibility for all activities that occur under member's Fantasy Dollars Account or password. Without limiting any other remedies, Sponsor may suspend or terminate any Account if Sponsor suspects in its sole discretion that any member or other person has engaged in fraudulent activity in connection with this Program. The sale, barter, transfer or assignment of any accumulated Fantasy Dollars or Rewards, other than by Sponsor is strictly prohibited. Any Fantasy Dollars or Rewards which Sponsor deems in its sole discretion to have been transferred, sold, bartered or assigned in violation of the Program's Rules may be confiscated and/or canceled. Participation in the Program is subject to the Rules, as well as policies and procedures that Sponsor may adopt or modify from time to time. Any failure to abide by the Rules or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with this Program, or failure to act in a manner consistent with federal, state, provincial or local laws, regulations or ordinances, may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of membership in the Program, as well as forfeiture of any Fantasy Dollars or Rewards accrued to date and any other benefits earned in connection therewith, in Sponsor’s sole discretion.
6. Changes to Fantasy Dollars or Rewards structure. The Fantasy Dollars or Rewards structures are subject to modification or limitation at any time in Sponsor’s sole discretion, including, without limitation, the right to establish additional means of accruing Fantasy Dollars or Rewards, the right to modify and delete any or all of the recognized means of accruing Fantasy Dollars or Rewards existing at any given time, the right to change the Fantasy Dollars or Rewards available and their values and types and the Fantasy Dollars or Rewards redemption terms, and the right to exclude specific types of transactions from eligibility.
7. Redeeming Fantasy Dollars. Subject to Sponsor’s rights to add, delete, or otherwise make changes to the Rewards structure and their redemption options as more fully expressed in the preceding Section 6, Fantasy Dollars may be redeemed for select items as identified by Sponsor from time to time on the Site. Fantasy Dollars cannot be redeemed until member has fulfilled minimum requirements as identified by Sponsor on the Site, and can only be redeemed in amounts as identified by Sponsor from time to time (e.g. a minimum threshhold to qualify for payment). Fantasy Dollars will be subtracted from a member's account at the time the member requests redemption of a proportional Reward. Program members must fully redeem all Fantasy Dollars in the member’s account and cannot partially redeem Fantasy Dollars in the account. Each redeeming member is solely responsible for ensuring that their shipping or email address is correct in the Program records prior to redemption. Redeeming members may be required to provide additional information prior to redemption. Each redeeming member may be responsible for paying all shipping and handling charges for any reward selected, as disclosed at the time of redemption. Sponsor’s obligation regarding delivery of redemptions is satisfied upon shipping the selected redemption item to the postal or email address for the member contained in the Program records as of the date of redemption. The type of shipping will be at Sponsor’s sole discretion, and shall be contingent on the Reward selected at redemption. Sponsor is not responsible for lost or stolen redeemed items. Members must allow eight to ten weeks for shipment or delivery. Once Fantasy Dollars have been redeemed, they are no longer valid for any subsequent redemption and they may not be returned or refunded to a member's Fantasy Dollars Account for any reason. No extensions, cash refunds or other exchanges will be allowed for expired Rewards except in the sole discretion of Sponsor. The availability of any items or services offered in the Program are subject to change without notice at any time and subject to availability in the sole discretion of Sponsor. Items or services offered in the Program for redemption may be available only in limited quantities and will be distributed on a first-come, first-served basis. Members should regularly consult the Site for updates about availability of redemption items.
8. Redeeming Rewards for Sweepstakes Entries. Sponsor may offer sweepstakes and/or instant win games in which Rewards can be redeemed for entries (“Sweepstakes/Instant Win Game”). The Sponsor will also provide a sweepstakes option for participants who qualify for participation in the Rewards program, but who choose to exit prior to fulfilling all participation requirements. Each Sweepstakes/Instant Win Game will have a free method of entering. See the respective game’s official rules or applicable game for full details. If Sponsor elects to conduct a Sweepstakes/Instant Win Game, notice will be provided on the Site and/or Email. To participate, follow the instructions on the Site. Each time you enter, the number of Fantasy Dollars you use will be automatically deducted from your Account. The designated amount of Fantasy Dollars are each good for one (1) entry into one (1) sweepstakes drawing or one (1) instant win game play selected by entrant and not for any preceding/subsequent Sweepstakes/Instant Win Game. Non-winning entries into any Sweepstakes/Instant Win Game will not be rolled into subsequent promotions. You may allocate as many Fantasy Dollars into a sweepstakes or instant win game play as you wish according to the game’s official rules requirements, provided that those Fantasy Dollars are in your Fantasy Dollars Account at the time of your submission. Fantasy Dollars, once used for entry, cannot be refunded, transferred or re-used. All Sweepstakes/Instant Win Games are subject to the respective game’s official rules located on the item detail page accessible via the Site. You are not entered into a Sweepstakes/Instant Win Game until your Fantasy Dollars have been submitted and verified in accordance with the Sweepstakes/Instant Win Game official rules (or you have entered via the free method of entry provided in the game’s rules), and you have fully complied with these Fantasy Dollars as well as the official rules of the respective Sweepstakes/Instant Win Game. The foregoing shall in no way obligate Sponsor to provide any number of Sweepstakes/Instant Win Games or prizes related thereto, which shall be offered (or not) in Sponsor’s sole discretion.
9. Modification To Rules and Program. Membership in the Program is offered at the discretion of Sponsor and it reserves in its sole discretion the right to modify the Rules, Fantasy Dollars redemption values, redemption proportions, benefits, reward levels, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting Fantasy Dollars and redeemable items and their respective duration or timing, or any other aspect of the Program, in whole or in part, at any time even though such changes may affect the redemption value of the Fantasy Dollars already accumulated. Sponsor will give reasonable advance notice of any modification of the Rules hereof which may adversely impact your Fantasy Dollars Account, including by posting an updated version of these Rules at the Site. Members understand that the most recent version of the Rules will be located at the Site. A member's continued use of the Program following the posting on the Site of any modification will indicate member's acceptance of any modification to the terms hereof. Any member may object to the modification to the Program and/or its Rules by no longer participating.
10. Termination of the Program. The Program will continue until terminated at the sole discretion of Sponsor. In the event Sponsor decides to terminate the Program it shall post notice of such termination on the Site at least 60 days prior to the date that such termination becomes effective, during which time you may still accrue and redeem Fantasy Dollars, provided however, that you agree that Sponsor shall not be required to give 60 days notice if such termination is due to the technical or procedural problems in the operation of the Program, the filing of a petition in bankruptcy, an adjudication of bankruptcy, insolvency, an assignment for the benefit of creditors, or any other discontinuance of business. Notwithstanding the foregoing, if for any reason Sponsor determines in its sole discretion that the Program is no longer capable of running as intended by these Rules for any reason whatsoever, Sponsor, at its sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Program in whole or in part, at any time. All Fantasy Dollars must be redeemed prior to the effective date of termination. You should not rely upon the continued availability of the Program or any Fantasy Dollars accumulated in connection therewith.
11. Limitation on Liability. SPONSOR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE PROGRAM, (B) ANY FAILURE OR DELAY BY SPONSOR IN CONNECTION WITH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS PROGRAM); OR (C) THE PERFORMANCE OR NON PERFORMANCE OF THE PROGRAM BY SPONSOR, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your registration information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. If, despite the limitation above, Sponsor is found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in the limitation above, then its liability will in no event exceed, in total, the sum of US $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
12. Disclaimer of Warranties. SPONSOR MAKES NO WARRANTY OF ANY KIND REGARDING THE PROGRAM, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPONSOR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS PROGRAM WILL BE ERROR-FREE. SPONSOR FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE PROGRAM. SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
13. Conduct. By participating in this Program, participants agree to be bound by these Program Rules and the decisions of the Sponsor, which shall be final and binding in all respects. Failure to comply with these Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual from participating in any aspect of Program, and/or may cancel, suspend or block any Account registered by such person if Sponsor and its administrators deem or suspect that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Rules or the terms and conditions of the Site; or (b) damaging, tampering with or corrupting the operation of the Rewards Program; or (c) acting with intent to annoy, harass or abuse any other person; or (d) use of any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Site; or (e) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (f) activity deemed in the sole discretion of Sponsor and its administrator to be generally inconsistent with the intended operation of the Rewards Program. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR MOBILE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM OR EVENT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS ADMINISTRATOR RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. Sponsor’s failure to enforce any term of these Program Rules shall not constitute a waiver of that or any other provision.
14. Taxes. Determination and payment of tax liability on awards, including income tax, if any, are the sole responsibility of member.
15. Acts Beyond Sponsor Control. The failure of Sponsor to comply with the Rules because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial or local governmental authorities or for any other reason beyond the reasonable control of Sponsor, shall not be deemed a breach of the Rules. If any such contingency shall last for more than 60 days, Sponsor shall have the right to terminate the Program immediately by giving notice and shall have no further liability to any member.
16. Governing Law and Consent to Jurisdiction. The laws of the State of New York, without regard to its conflict of laws principles, will govern these Rules, as well as your and Sponsor’s observance of them. If you take any legal action relating to your use of this Program or these Rules, you agree to file such action only in the state or federal courts located in New York.
17. No Waiver. Sponsor's failure to exercise or enforce any right or provision of these Rules shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sponsor in writing.
18. Captions. The headings in these Rules are for your convenience and reference. These headings do not limit or affect these Rules.
19. Complete Agreement. These Rules, together with those items made a part of these Rules by reference, make up the entire agreement between Sponsor and the Program members relating to the Program, and replaces any prior understandings or agreements (whether oral or written) regarding the Program. If a court finds any of these Rules to be unenforceable or invalid, that term(s) will be enforced to the fullest extent permitted by applicable law and the other terms will remain in full force and effect.